Commonwealth Consolidated Acts

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WATER ACT 2007 - SECT 135B

Constitutional operation

  (1)   This Part, and any other provision of this Act or any other Act to the extent that it relates to this Part, applies to water markets information collected, generated or capable of being generated, recorded or held by:

  (a)   a constitutional corporation; or

  (b)   a person or body that is located in a Territory.

  (2)   This Part, and any other provision of this Act or any other Act to the extent that it relates to this Part, applies to water markets information relating to the pre - trade, trade or transfer of any type of eligible tradeable water right if:

  (a)   at least one of the parties to the pre - trade, trade or transfer is a constitutional corporation;

  (b)   the pre - trade, trade or transfer takes place in the course of trade and commerce:

  (i)   between the States; or

  (ii)   between a State and a Territory or between 2 Territories;

  (iii)   trade or commerce between Australia and places outside Australia;

  (c)   the pre - trade, trade or transfer takes place in a Territory or relates to eligible tradeable water rights in relation to a water resource in a Territory; or

  (d)   at least one element of the pre - trade, trade or transfer takes place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph   51(v) of the Constitution).



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